Error and/or relief
Three of the protective orders issued by the trial court under section 136.2 exceeded the court’s authority and should be vacated. There is a clerical error in the defendant’s abstract of judgment that requires correction.
First Holding:
Restraining orders under section 136.2 are authorized only for victims of certain specified offenses including certain domestic violence crimes, sexual offenses like rape, gang-related crimes, or crimes requiring registration as a sex offender. Three of the people for whom a protective order was issued were not victims of the defendant’s crimes, and the trial court lacked jurisdiction to issue those orders.
Authority:
People v. Robertson (2012) 208 Cal.App.4th 965, 996
Second Holding:
Issuance of a restraining order in excess of jurisdiction can be corrected at any time.
Authority:
People v. Ponce (2009) 173 Cal.App.4th 378, 381–382
Third Holding:
The abstract of judgment erroneously states that the punishment on the special circumstance was stayed. It was not stayed and the abstract of judgment must be corrected.
Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185–188